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PostPosted: Tue Mar 31, 2009 10:06 am 
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foreign body {L_WROTE}:
The Lands Dept. is clearly impotent, because it's private land, they can only issue warnings when the terms of use are violated, as in this case, but cannot do anything else.


They have the power to revoke the lease in these cases.
But they seem reluctant to offend well-connected local interests by enforcing the law.

I wonder if the ICAC or the Ombudsman could make them take their responsibilities seriously?


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PostPosted: Tue Mar 31, 2009 10:07 am 
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Has the notice of tomorrow's meeting also been posted n the Chinese language forums?

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PostPosted: Tue Mar 31, 2009 10:24 am 
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Alan {L_WROTE}:

I wonder if the ICAC or the Ombudsman could make them take their responsibilities seriously?


A very interesting point! I like where you're going with that.

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PostPosted: Tue Mar 31, 2009 10:44 am 
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Good idea. I can't write Chinese, but if someone can, please inform the Chinese readers about the meeting tomorrow at 11.00 am.
The person to contact at the Lands Dept. is Mr. Choy 2852 4262

Alan,
do you know how we can contact the Ombudsman?

Laws are violated with impunity, right in front of our eyes, and nobody acts because it's "private land". Dumping is illegal, and doing it on private land doesn't make it more legal.
What's the point of having terms of use when they are not respected and the government always turn a blind eye?


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PostPosted: Tue Mar 31, 2009 11:20 am 
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Pls let me know if there is a person that we can call in EPD, so another complaint can be filed….the YSL dumping site is indeed a sore, seeing that it grows in size everyday.

I cannot be there tomorrow, but for those who can, pls also take the ‘officials’ to yet another piece of secluded dumping site less than 1 minute walk from the YSL problem. It is actually behind Lung Wah on the other side of the ditch hidden from houses. If one cross the ‘bridge’ going towards the Tai Peng way, take the first path (just about 10 meters from the bridge) left, walk straight in until you reach some blue railings and you can see from there.

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PostPosted: Tue Mar 31, 2009 11:28 am 
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gisela {L_WROTE}:
Pls let me know if there is a person that we can call in EPD, so another complaint can be filed….the YSL dumping site is indeed a sore, seeing that it grows in size everyday.


Environmental Protection Department Address : Community Relations Unit,
10/F., Citibank Tower, 3 Garden Road, Central, Hong Kong
complaints: 2838-3111

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PostPosted: Tue Mar 31, 2009 5:58 pm 
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I hope it's just coincidence they chose to visit on April Fool's Day


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PostPosted: Wed Apr 01, 2009 9:17 am 
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strange coincidence indeed!

Getting ready for today's meeting. Will report back.


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PostPosted: Wed Apr 01, 2009 10:42 am 
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gisela {L_WROTE}:
pls also take the ‘officials’ to yet another piece of secluded dumping site less than 1 minute walk from the YSL problem. It is actually behind Lung Wah on the other side of the ditch hidden from houses. If one cross the ‘bridge’ going towards the Tai Peng way, take the first path (just about 10 meters from the bridge) left, walk straight in until you reach some blue railings and you can see from there.


Here are a few photos of this dumping:


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PostPosted: Wed Apr 01, 2009 10:44 am 
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I can't come either as 'm at work. But another point worth raising is the 1.2 metre maximum allowable soil fill depth on africultural land. I went and roughly measured the pad in a few places and it is mostly right on the 1.2 m. But, where the soil buries the creek it ias clearly at least double this maximum allowable depth.

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PostPosted: Wed Apr 01, 2009 11:55 am 
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Well, government officials from several departments came, saw, measured and are now discussing how to proceed.

Apparently the land belongs to a Mr. Fong, who has no planning permission to build a house, but is obviously trying to get the agricultural land he (or his family) owns since 1905 downgraded so that such permission will eventually be granted.

It seems that in HK any owner can turn agricultural land into a dumping site without breaking any laws about waste disposal, as long as the site doesn't become a mosquito breeding spot, or increases flooding risks.

The visual impact of unregulated dumping sites is not a matter of concern for any department.

Now they will see if they can stop this dumping business by arguing that it might cause flooding problems in the future.

The term "agricultural use" in HK is so lax that dumping construction waste doesn't constitute a breach of such terms of use.

My mood today: FRUSTRATED.


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PostPosted: Wed Apr 01, 2009 12:36 pm 
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After reading the EPD page on construction waste management and charging scheme,
i am even more baffled by the Lands Department's argument that dumping construction waste on private land is not illegal. These two departments seem to contradict each other.

I quote from the EPD's web page:
http://www.epd.gov.hk/epd/misc/cdm/scheme.htm#a

"The Charging Scheme has come into operation on 1 December 2005.

Starting from 1 December 2005, main contractor who undertakes construction work under a contract with value of $1 million or above is required to open a billing account solely for the contract. Application shall be made within 21 days after the contract is awarded. Failing this will be an offence under the law.

For construction work under a contract with value less than $1 million, such as minor construction or renovation work, any person such as the owner of the premises where the construction work takes place or his/her contractor can open a billing account; the account can also be used for contracts each with value less than $1 million. The premises owner concerned may also engage a contractor with a valid billing account to make arrangement for disposal of construction waste.

Charging for disposal of construction waste has started on 20 January 2006 and from this day, any person before using waste disposal facilities for disposal of construction waste needs to open an account."

The waste dumped in Yung Shue Long comes from a contractor working for the government, building a sewage system on Lamma, a contract that is worth a lot more than 1 million.


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PostPosted: Wed Apr 01, 2009 1:33 pm 
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Dear FRUSTRATED,

Thank you so much for your efforts today, and don't give up!! Interesting information you provide. The owner, then, is, as I have heard, the most powerful realestate interest on Lamma. But at least in theory, the law apples to all of us. And even the most powerful can be persuaded to see things in a new light and do things in the best interests of a community even if it means a cost to themselves. perhaps it is the wealthiest who are in a better position to do just that. In such a case the tactics of partnership and persuasion might be most effective.

The more one fights something - the greater energy it will expend to resist.

When a powerful interest realises that service to their community will make them widely championed and respected, they are liable to place greater value upon charitable community acts than upon personal profit. Both ultimately serve the ego - but when money is not in short supply, prestige can be more powerful.

It might be important then to make sure it is widely understood within the community why a creek and a pristine agricultural valley should be treasured. Because it is only if this value is shared within the community at large, that such a charitable act can be realised by the powerful as a more valuable commodity than cash.

Let's explore all avenues. Let's look outside the box. Let's find solutions that envigorate us as individuals and as a community rather than strategies that drain us and divide us (pardon the pun)

with appreciation
Tavis :-)

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PostPosted: Thu Apr 02, 2009 9:56 am 
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Yesterday,one hour after the government officials left, a VV was dumping more construction waste on that plot of land.
I approached the driver and asked him to take a look at the notice that was placed on the railing.
He shrugged, looked annoyed and just kept dumping. I asked him for his boss' phone number and he refused to give it to me.
Obviously he has been instructed to ignore whoever interferes with the smooth operations.

Tavis,
i doubt that Mr. Fong would listen to anybody. He is ignoring the Lands Dept. warnings, do you think he would listen to a bunch of gwailos?

Maybe if there were objections coming from the Lamma council, he would change his attitude, but we all know that the Lamma councillor is 'blind'.

Hong Kong is not a democratic country, just an oligarchy.


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PostPosted: Thu Apr 02, 2009 10:56 am 
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foreign body {L_WROTE}:
Tavis,
i doubt that Mr. Fong would listen to anybody. He is ignoring the Lands Dept. warnings, do you think he would listen to a bunch of gwailos?


I'm not increadibly optimistic either - I expected scepticism :-)
But fighting him would take a huge financial warchest and a small team of lawyers.

I still think the best way is education - raise awareness. And it can't just be coming from a bunch of Gweilos - agreed.

That's why I think organising an open Forum discussion night with both Chinese and Western academics about the value of stream preservation in Hong kong might be a good way to start getting a broader group of Lamma people thinking about what's being lost by through these activities. If people love the valley - if they love the stream and what it meansw for the health of our community - then they will care about preserving it. If a wide spectrum of Lamma people care in this way, then the Mr. Fongs of the world will also care. It's the only way to REALLY change things if you ask me. This approach might not save this bit of land - it will probably take a long time - it will require patience and perseverence, but genuine change of heart is the only sustainable solution.

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Last edited by Tavis on Thu Apr 02, 2009 6:16 pm, edited 1 time in total.

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PostPosted: Thu Apr 02, 2009 2:31 pm 
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Well done FB for your effort, esp. in confronting the V V guy (lucky you didn't become part of the landfill!). My Chinese friend was there yesterday talking to Lands Dept staff who explained that there were 100s of incidents of illegal dumping of waste all over the NT and they could only act effectively on cases where enough complaint is raised ie. the level of their response to such activity is proportional the amount of complaint raised. It shouldnt matter what the ethnicity of the complainant is but it would be better if more local Chinese got involved, even if it is just sending a complaint letter to the Lands Dept.(as opposed to a Long Hair style protest, but do try that too if you are brave enough). I am sure they care as much or even more than others, just that maybe they are less keen on the confrontational aspect of matters such as the land fill in YSL that involves village emperors - look how many dozens of local Chinese are prepared to spend the best part of a day trekking miles over the Island to Tung O to clean a remote beach (which will be covered in trash again with the next high tide), yet I nor my Chinese friend are aware of any such numbers being active in raising this issue. My apologies to all if I am wrong on that, and I'd like to hear that I am. Anyway, to those dozens of good people doing the beach cleaning (and anyone else who cares), writing/emailing the Lands Dept on the more pressing matters on our very doorstep might help raise awareness if nothing else. (Our letter was sent yesterday) .

BTW .. if you ever get nostalgic and wish to re-visit the old Nam Wah Yuen Restaurant, well, you still can! Its now located (in thousands of pieces) next to the YSL lily pond, and maybe even on top of it by now. Service is still rather slow.


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PostPosted: Fri Apr 03, 2009 12:28 pm 
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Tally,
I am also surprised that Chinese residents are not daring to do more. Cleaning beaches can be a "group bonding" activity, but after all is the duty of a government department that employs and pays staff with our tax money. So if such department is not doing a good job at cleaning beaches, i would rather put some pressure on it to schedule more frequent cleanups. Campaigning against styrofoam boxes and cups should be the next step, as styrofoam makes up a large amount of flotsam.
Volunteering is different from environmental and political activism. We need more activists.

Greed, ignorance and carelessness are destroying Lamma in front of our eyes.
When the rest of the valley is turned into a landfill, maybe people will wake up...but then... it will be too late.
The time to stop it is now.
We have to become a bit more creative in our form of protest....
I have a couple of ideas, but i won't mention them here, lest Lamma-gung gets into trouble :-)
.


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PostPosted: Fri Apr 03, 2009 7:01 pm 
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I watched the activities for a few minutes this afternoon and the guy in the front-end loader seemed to be moving stufffrom the edges of the landfill into the VVs. Are they actually removing it? Or just moving it somewhere else.

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PostPosted: Fri Apr 03, 2009 7:16 pm 
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Big Bad Bill {L_WROTE}:
I watched the activities for a few minutes this afternoon and the guy in the front-end loader seemed to be moving stufffrom the edges of the landfill into the VVs. Are they actually removing it? Or just moving it somewhere else.


Maybe it was outside the property line. The Lands Dept had some surveyors there on Wednesday checking the exact height and location. But I'm sure they won't remove the bulk of it, ever.


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 Post subject: I sympathise ... but...
PostPosted: Sat Apr 04, 2009 2:59 pm 
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The local laws on dumping and zoning etc do appear too muddled to make any worthwhile difference and too open to interpretation to make any sort of legal action difficult.

But let's face it, people need homes to live in and you all live in homes that were built on once pristine land, land that locals probably orginally objected to being defaced at the time in arguments that have since been lost in the intervening years.

And just how 'beautiful' and 'important' is that stream? It's fed by the overflow of the valley's water pipes, so the stream's hardly life-supporting. Also the old web-footed farmer covers his allotment in synthetic fertiliser after each crop is harvested -- and that's at least six times a year -- adding to the toxicity of the water.

And what's laughably called a lily pond is not much more than a muddy puddle occasionally dredged by that mad Uncle Moon bloke.

I agree that if the plot is to be used for houses they will suffer a multitude of problems, but so what, that doesn't bother 60 percent of Lamma residents who live in similar squalour.

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